Galedrige Construction, Inc. - Page 8

                                        - 8 -                                         
          respondent has no authority to require it to use an inventory               
          method of accounting when there is nothing on hand at the end of            
          the day to count.  Finally, petitioner argues that the asphalt is           
          neither merchandise nor an income-producing factor.                         
               Petitioner deducted the cost of the asphalt as a supplies              
          expense under section 162 and section 1.162-3, Income Tax Regs.             
          Section 162(a) allows a deduction for "all the ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business".  Section 1.162-3, Income Tax            
          Regs., provides in pertinent part:                                          
               Cost of materials.--Taxpayers carrying materials and                   
               supplies on hand should include in expenses the charges                
               for materials and supplies only in the amount that they                
               are actually consumed and used in operation during the                 
               taxable year for which the return is made, provided                    
               that the costs of such materials and supplies have not                 
               been deducted in determining the net income or loss or                 
               taxable income for any previous year. * * *                            
               The statute and regulations do not define "merchandise" or             
          "inventory", nor do they clearly distinguish between "materials             
          and supplies" that are not actually consumed and remain on hand,            
          and inventory.  However, we must decide whether the emulsified              
          asphalt petitioner uses is a supply within the meaning of section           
          162 or inventory within the meaning of section 471.  We begin by            
          acknowledging that the authorities in this area are not easily              
          reconcilable.5                                                              

               5   See Nolan, “Can the Cash Method of Accounting Clearly              
          Reflect Income?” Tax Notes 1063 (Feb. 24, 1997) and 1175 (March             
                                                             (continued...)           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011